Justia Zoning, Planning & Land Use Opinion Summaries

In 2009, the Newtown Township Board of Supervisors enacted a Planned Residential Development Ordinance. This appeal centered on challenges to the validity of that ordinance and to the approval of a Tentative PRD Plan pursuant to it. Intervenors BPG Real Estate Investors (BPG) submitted an application under the anticipated PRD Ordinance for approval of a Tentative PRD Plan, proposing multi-use development of an approximately 218-acre tract of land that it owned. The Township Board orally approved BPG's Tentative PRD Plan, and later issued a written decision granting approval. Newtown Square East, L.P. (NSE), which owned a two-acre tract of land adjacent to BPG's tract, filed a challenge to the validity of the PRD Ordinance with the Newtown Township Zoning Hearing Board, and filed an appeal of the Township Board's approval of BPG's Tentative PRD Plan with the court of common pleas. With regard to its validity challenge before the Zoning Board, NSE argued, inter alia, that the PRD Ordinance violated Article VII of the MPC by, allegedly, failing to require that a tentative plan identify the uses of buildings and other structures, and permitting the location of buildings to be subject to free modification between the time of tentative plan approval and final plan approval. Following several hearings, the Zoning Board upheld the validity of the PRD Ordinance, finding that its minor textual variations from the relevant provisions of the MPC, Article VII, did not create an inconsistency or conflict with the enabling legislation. Finding no reversible error, the Supreme Court affirmed the validity of the ordinance. View "Newtown Square East v. Twp. of Newtown" on Justia Law

Springfield has an ordinance that prohibits panhandling in its “downtown historic district”—less than 2% of the city’s area but containing its principal shopping, entertainment, and governmental areas, including the Statehouse and many state-government buildings. The ordinance defines panhandling as an oral request for an immediate donation of money. Signs requesting money are allowed; as are oral pleas to send money later. Plaintiffs have received citations for violating this ordinance and allege that they will continue panhandling but fear liability. They unsuccessfully sought a preliminary injunction. The parties agreed that panhandling is a form of speech, to which the First Amendment applies, and that if it drew lines on the basis of speech’s content it would be unconstitutional. The Seventh Circuit affirmed, upholding the ordinance, which it called “indifferent to the solicitor’s stated reason for seeking money, or whether the requester states any reason at all…. Springfield has not meddled with the marketplace of ideas.” The prohibition is based on where a person says something rather than what position a person takes. View "Norton v. City of Springfield" on Justia Law

A certified question of law from the U.S. District Court for the District of Idaho was presented to the Idaho Supreme Court. Karen White and her development company, Elkhorn, LLC, sought to recover $166,496 paid to Valley County for "capital investments for roads in the vicinity of [their] White Cloud development." Phase I of White Cloud was completed and it was undisputed by the parties that the tax monies paid for Phase I were used by the County to complete capital investments for roads in the vicinity of the White Cloud development. The County conceded that it did not adopt an impact fee ordinance or administrative procedures for the impact fee process as required by the Idaho Development Impact Fees Act (IDIFA). The County also conceded it did not enact an IDIFA-compliant ordinance, because, at the time, the County believed in good faith that none was required. Plaintiff filed suit against the County claiming that the road development fee imposed by the County as a condition for approval of the White Cloud project violated Idaho state law and deprived Plaintiff of due process under both the federal and Idaho constitutions. In her Second Amended Complaint, Plaintiff raised two claims for relief. The first claim for relief alleged that “Valley County’s practice of requiring developers to enter into a Road Development Agreement ("RDA," or any similar written agreement) solely for the purpose of forcing developers to pay money for its proportionate share of road improvement costs attributable to traffic generated by their development is a disguised impact fee, is illegal and therefore should be enjoined." The first claim for relief also alleged that, because the County failed to enact an impact fee ordinance under IDIFA, the imposition of the road development fees constituted an unauthorized tax. Plaintiff’s second claim for relief alleged that the County’s imposition of the road development fee constituted a taking under the federal and Idaho constitutions. The County argued Plaintiff voluntarily agreed to pay the RDA monies. Plaintiff denies that the payment was voluntary since it was required to obtain the final plat approval. The issue the federal district court presented to the Idaho Supreme Court centered on when the limitations period commences for statutory remedies made available under Idaho law to obtain a refund of an illegal county tax. The Court answered that the limitations period for statutory remedies made available under Idaho law to obtain a refund of an illegal county tax commences upon payment of the tax. View "White v. Valley County" on Justia Law

The City of Lebanon sought to annex several hundred acres of nearby property. The owners of the property subject to the annexation, including Appellees, filed a lawsuit against the City to invalidate the annexation ordinance. The trial court granted Appellees’ motion for summary judgment, concluding that the City, by intentionally manipulating the annexation boundaries to guarantee a successful annexation, violated Appellees’ constitutional rights. The court of appeals affirmed, holding that the boundaries of territory to be annexed must be “natural or regular” and that the boundaries of the proposed annexation in this case did not meet this standard. The Supreme Court reversed and declared the annexation valid, holding (1) the court of appeals erred in applying a “natural or regular” standard; and (2) the City’s annexation fully complied the the statutory requirements and did not violate Appellees’ constitutional rights.View "City of Lebanon v. Goodin" on Justia Law

Plaintiff-appellant Fred Hector appealed the grant of summary judgment that dismissed his action against the City of Fargo for claims involving special assessments against his land. He argued the district court erred in granting Fargo summary judgment, because N.D.C.C. 40-26-07 authorized his action to judicially establish Fargo's special assessments as void to the extent the assessments exceeded Fargo's actual costs of improvements, and his claims were not barred by administrative res judicata. Upon review of the matter, the Supreme Court concluded N.D.C.C. sections 40-26-01 and 40-26-07 authorized a court to review issues about a municipality's special assessments in the context of the adequate legal remedy of an appeal. Furthermore, the issues Hector raised in this action were res judicata. View "Hector v. City of Fargo" on Justia Law

Defendant-appellant Donald Pellicone appealed a Superior Court judgment confirming that New Castle County had certain easements on Pellicone's property. The County sought the easements' validation to carry out a flood control project targeting Little Mill Creek in New Castle County. The issues on appeal to the Supreme Court were: (1) whether the Flood Control Project legally constituted a County project; (2) whether the County's condemnation of Pellicone's property fell within the County's statutory eminent domain authority; (3) whether the County's action was a taking of Pellicone's property for a public use as defined by law; and (4) whether the procedures set forth in Chapter 12, Article 7 adhered to. Answering all questions raised on appeal as "yes," the Supreme Court affirmed the Superior Court's judgment. View "Pellicone v. New Castle County" on Justia Law

Plaintiff-appellant Erling "Curly" Haugland appealed the grant of summary judgment that dismissed his action against the City of Bismarck for declaratory relief involving Bismarck's implementation of an urban renewal plan and use of tax increment financing to fund renewal projects in its renewal area. Haugland argued Bismarck failed to establish as a matter of law that it complied with the procedural requirements of N.D.C.C. 40-58-06 for substantially modifying its urban renewal plan in 1994. On remand, the district court decided an appropriate 1994 resolution existed to add six city blocks to the renewal area and authorized renewal projects in the renewal area were pending in January 2011. The Supreme Court affirmed in part, and reversed in part. The Court affirmed that portion of the summary judgment concerning Bismarck's urban renewal plan including pending authorized projects for the existing renewal area when the district court decided the case in January 2011. However, the Court reversed and remanded summary judgment with respect to approval of the 1994 plan, finding no disputed issues of material fact existed regarding approval.View "Haugland v. City of Bismarck" on Justia Law

El Dorado, a mobile home park owner located in the City of Fillmore alleged that the City interfered with an application for a subdivision of its seniors-only mobile home park by causing unreasonable delays and imposing extralegal conditions because of a fear that subdivisions would lead to El Dorado opening the Park to families. El Dorado's complaint was dismissed for lack of standing. The court concluded, however, that El Dorado had Article III standing where El Dorado suffered a concrete and particularized, actual, injury, in the form of added expenses caused by the City's interference of the application. Accordingly, the court reversed and remanded for further proceedings. View "El Dorado Estates v. City of Fillmore" on Justia Law

Plaintiff filed suit challenging his arrests for refusing to obey Officer Early's repeated orders to confine his leafleting to the area designated for protest activities outside the First Mariner Arena in Baltimore. The designated protest area was defined by a written policy of the City and the BCPD. The court held that the policy was facially valid under the First Amendment as a reasonable time, place, and manner restriction. The court found that the district court committed no reversible error as to plaintiff's remaining claims. Accordingly, the court affirmed the district court's grant of summary judgment in favor of defendants.View "Ross v. Early" on Justia Law

Flanagan’s Ale House applied for a retail liquor drink license to replace its restaurant drink license. The Louisville/Jefferson County Government (Louisville Metro) denied the application, relying on Ky. Rev. Stat. 241.075, which prohibits the issuance of a retail drink license to an applicant located in a combination business and residential area of a “city of the first class or consolidated local government” if another similar establishment is located within 700 feet of the establishment. The Alcoholic Beverage Control Board (ABC Board) affirmed. Flanagan’s appealed, arguing that section 241.075 was unconstitutional local and special legislation in violation of Sections 59 and 60 of the Kentucky Constitution. The Court of Appeals agreed with Flanagan’s and declared the statute unconstitutional. The Supreme Court affirmed, holding that section 241.075 violates Sections 59 and 60 of the Kentucky Constitution. Remanded. View "Louisville/Jefferson County Metro Gov’t v. O’Shea’s-Baxter, LLC" on Justia Law